GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

SESSION LAW 2015-104

SENATE BILL 7

AN ACT to allow food stands to provide tables and chairs for customers to use while consuming drinks or food upon the premises and to authorize Pushcarts or mobile food units to prepare and serve food on the premises, provided they are based from a commissary or restaurant located on the premises of a facility containing Three Thousand permanent seats.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 130A‑248 is amended by adding a new subsection to read:

"(a6) Notwithstanding any provision of this Part or any rules adopted pursuant to G.S. 130A‑335(e), a permitted food stand may elect to provide tables and not more than eight seats for customers to use while eating or drinking on the premises. Addition of seats under this subsection shall not require further evaluation of the adequacy of the approved sanitary sewage system."

SECTION 2.  G.S. 130A‑248(c1) reads as rewritten:

"(c1)     The Commission shall adopt rules governing the sanitation of pushcarts and mobile food units. A permitted restaurant or commissary shall serve as a base of operations for a pushcart. A mobile food unit shall meet all of the sanitation requirements of a permitted commissary or shall have a permitted restaurant or commissary that serves as its base of operation. Pushcarts or mobile food units that are based from a permitted commissary or restaurant that is located on the premises of a facility which contains at least 3,000 permanent seats shall be allowed to prepare and serve food on the premises. Raw meat, poultry, and fish shall be prepared in a permitted commissary or restaurant in a pre‑portioned or ready‑to‑cook form. Pushcarts or mobile food units that handle raw ingredients shall be equipped with a handwashing sink. All open food and utensils shall be provided with overhead protection or otherwise equipped with individual covers, such as domes, chafing lids, or cookers with hinged lids. Food equipment and supplies shall be located in enclosed areas and protected from environmental contamination when not in operation."

SECTION 3.  Section 1 of this act becomes effective October 1, 2015, the remainder of the act is effective when it becomes law.

In the General Assembly read three times and ratified this the 15^th day of June, 2015.

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Pat McCrory

                                                                         Governor

Approved 10:15 a.m. this 24^th day of June, 2015